Rahm Emanuel to testify about residency for hours Tuesday

December 13, 2010

Rahm Emanuel is expected to spend hours testifying under oath Tuesday at a hearing on whether he can remain on the mayoral ballot, with a long list of objectors quizzing him about whether his time away from Chicago at the White House makes him ineligible to run.

But those objectors won't get a chance to question Emanuel's wife, based on a ruling today by the hearing officer for the Chicago Board of Election Commissioners. Emanuel's opponents argued that Amy Rule could testify about the schooling of the couple's three children in Washington and about the couple's renting of their Chicago home.

Hearing officer Joseph A. Morris left open the possibility she could be called later but agreed with Emanuel's lawyers, who argued she wouldn't add anything pertinent that Emanuel won't address.

The issue is, when Emanuel agreed to serve as President Barack Obama's White House chief of staff, "did he intend to abandon Chicago as his place of residence," Emanuel attorney Kevin Forde said.

Emanuel is lined up as the first witness Tuesday morning, facing veteran election lawyer Burt Odelson, who is representing the lead objectors. Odelson said he has 45 minutes worth of questions and is slated to be followed by an attorney for community activist William "Dock" Walls, who is running for mayor.

From there, more than 20 other attorneys and citizen objectors acting as their own lawyers will get a crack at the former U.S. representative and White House veteran known for brass tacks negotiating in Washington's power circles. Some of that questioning could be fairly colorful, as some of those representing themselves over the last several days have shown they are not legal experts.

Morris said he may allow the proceedings to run late Tuesday and said he hopes he can wrap up the matter by Thursday. Other expected witnesses include Emanuel's renter Robert Halpin, who refused to end his lease of the North Side home early when Emanuel returned to Chicago.

Objectors to Emanuel's candidacy argue he does not meet the requirement that candidates live in Chicago for a year before an election because he was serving in Washington.

Both sides are expected to make arguments based on interpretations of the many documents in the case. Odelson, for instance, has highlighted that the couple filed Illinois taxes as "part-time" residents in 2009 and amended that filing after the ballot challenge.

"The document speaks for itself; he declared himself to be a part-time resident," Odelson said.

Emanuel's team submitted a pretrial brief Monday laying out many of the arguments his lawyers will make in the case, emphasizing Emanuel has always returned to Chicago after stints in Washington.

Emanuel and his wife left a number of treasured possessions in their home on Hermitage Avenue, including her wedding dress, clothes their newborn children wore home from the hospital, their diplomas and a large number of books.

He continued to pay property taxes, water bills and homeowners' insurance for the Hermitage home, his lawyers note. Emanuel also maintained his Chicago bank accounts and used the Hermitage address on his personal checks.